Italy violated Rome Statute by releasing Libyan warlord wanted by ICC, say rights groups

Rome: Legal experts and rights groups on Thursday expressed their shock at Italy’s release of a Libyan warlord on a technicality this week shortly after he was detained under an arrest warrant by the International Criminal Court (ICC).

The Hague-based court on Wednesday issued a press release saying that its Pre-Trial Chamber I on 18 January issued an arrest warrant for Osama Elmasry Njeem (known as Almasri), a Libyan officer alleged to have been the head of the notorious Mitiga prison in Tripoli.

Almasri is facing charges of crimes against humanity and war crimes, including murder, torture, rape and sexual violence against detainees, particularly migrants and asylum seekers, in connection with the court’s investigation into alleged crimes committed in Libya since February 2015.

According to the ICC, Almasri was detained in Turin, Italy, on 19 January but was released two days later without notifying the court. He was able to travel back to Libya, and photos of his arrival in Mitiga and welcomed by supporters have been widely shared online.

“The Court is seeking, and is yet to obtain, verification from the authorities on the steps reportedly taken,” the ICC said.

“The Court recalls the duty of all States Parties to cooperate fully with the Court in its investigations and prosecutions of crimes,” the court added in a mild reproach to Italian authorities.

Italy is a state party to the Rome Statute, the ICC’s founding treaty, and is obliged under its article 89 to arrest and surrender those wanted by the court.

“This failure to surrender Almasri to the ICC constitutes a serious breach of Article 89 of the Rome Statute,” a joint statement by Libyan, Italian and international human rights organisations said on Thursday, noting that the court’s mandate to prosecute suspects of international crimes is entirely dependent on the cooperation of states.

“As a first step, the government of Italy must now provide an immediate explanation for its release of Almasri and its failure to surrender him to the Court,” the groups said.

“Then, the Office of the Prosecutor of the ICC may consider filing a motion under Article 87(7) of the Rome Statute seeking a finding of non-compliance by Italy of its legal obligations and a referral of the matter to the Assembly of States Parties of the ICC.”

Meanwhile, the International Federation for Human Rights (FIDH) said Italy’s non-cooperation undermines the rights of thousands of victims to access justice.

The ICC is facing a crisis of non-compliance in many cases, including the situations in Ukraine and Palestine, as some member states, including Italy and France, have claimed that senior leaders wanted by the court, such as Israel’s Benjamin Netanyahu, are entitled to immunity from arrest.

‘Rome has betrayed the Rome Statute, again – and with that the victims of horrendous abuses in Libya, Palestine and elsewhere’

“The ICC is not short on cases; it’s short on arrests,” said FIDH. “The court has issued warrants for over 30 suspects in situations around the world, but with states – like Italy – failing to fulfill their obligation to arrest and surrender them, trials cannot proceed, and justice remains out of reach.”

The Italian far-right government of Georgia Meloni and Libyan authorities have bilateral agreements to curb migrant and refugee flows via the Mediterranean.

It remains unclear whether Almasri’s release is linked to Italy’s relations with militias and state forces tasked with preventing irregular migration.

Italy and the EU have been accused of complicity in atrocities committed by the Libyan Coast Guard against migrants and refugees since 2016.

A 2023 investigation by Lighthouse Reports revealed that the EU border agency, Frontex, had been “systematically sharing” coordinates of refugee boats with a vessel run by a Libyan militia group known for kidnap and torture.

“Rome has betrayed the Rome Statute, again – and with that the victims of horrendous abuses in Libya, Palestine and elsewhere,” Claudio Francavilla, associate EU director at Human Rights Watch, told Middle East Eye.

“After shameful words of non-cooperation with the ICC on Netanyahu, Italy moved to deeds with Almasri’s release.

“Meloni’s government seems keen to protect war criminals, flouting its obligations as an ICC member.”